«evaluation», so let's turn to the definition of its
derivative. Thus, in the «Explanatory Dictionary of
the Russian Language» by S. I. Ozhegov and N. Y.
Shvedova, the notion of «evaluation» is defined as
«an opinion about the value, level or significance of
someone or something (to give an evaluation of
something)» and as « the same as the mark
(evaluation on a five-point system)» (Ozhegov, 1993)
The author of another explanatory dictionary, D. N.
Ushakov, gives the following definition of this
notion: «Evaluation ... is an opinion, a judgment
expressed about the qualities of someone or
something» (Ushakov, 2000) According to the cited
definitions, evaluation is an opinion, a judgment
about someone or something. This definition, in our
opinion, conveys the meaning of the notion under
consideration.
In the «Dictionary of Linguistic Terms» by O. S.
Akhmanova, «evaluation is the speaker's judgment,
his attitude - approval or disapproval, desire,
encouragement, etc. - as one of the basic parts of the
stylistic connotation» This linguist draws our
attention to the fact that the notion of «evaluation» is
a part of the connotative component of the lexical
meaning of the word. The same point of view is
shared by T. V. Matveeva, who connects the
connotation with the expressive function of both the
language as a whole and the word in particular: «The
connotative component represents the subjective-
evaluative content of the word, which constitutes the
specificity of expressive lexical units» (Matveeva,
1986). In the opinion of T.V. Matveeva, connotation
in other terms can be understood as emotional-
expressive colouring, emotional-evaluative meaning,
additional meaning, stylistic colouring, etc., which
consists of several semes; the purpose of studying the
semantics of the expressive word consists in defining
a number of the semes and their role in the lexical
meaning.
According to the considered definitions of the
notion "evaluation", it can be stated that in the
linguistic literature it is defined as «attitude»,
«opinion» of the addressee aimed at someone or
something in order to give his judgment about the
quality, meaning and value of someone or something.
When giving an evaluation of something, the
addressee colours his attitude emotionally, thereby
introducing an emotive (that is, coloured) component
into speech.
We will consider further which features are
included by the researches into the notion
«evaluation» in legal linguistics. Thus, M.B.
Kostrova in her work «Evaluative vocabulary in the
criminal law ...» considers the problem of defining
evaluative vocabulary at the intersection of criminal
law and linguistics. She supposes that the vagueness
of evaluative definitions results in «the frequent
requalification of the actions of the accused in
practice». For example, «the excessiveness of
evaluative vocabulary in the legislative formulation
of hooliganism in practice results in the frequent
requalification of the actions of the accused under
Art. 213 rather than Art 115, 116, 167 of the Criminal
Code of the Russian Federation or vice versa»
(National corpus of the Russian language, 2021)
In the opinion of the author, it has to do with the
concurrent use of three evaluative features in the
definition of «hooliganism» in Art. 213 of the
Criminal Code of the Russian Federation: «gross
violation of public order», «clear disrespect for
society», «use of violence» which allows the law
enforcer to take a dominant position «over the
principle of legality, which is enshrined in Art. 5 of
the Criminal Code of the Russian Federation: «the
criminality of an act ... is determined only by this
code». That situation cannot be regarded as normal
and requires some adjustments with due regard for the
criminal law, criminal procedure and criminalistics
aspects of the identified problematic situation
(Kostrova, 2001).
In legal practice, there is no such thing as
«emotionality», which can be explained by the very
nature of the legal text, so the connotation in the
evaluative notions of legal linguistics should be based
on law. All this allows us to define the notion
«evaluation» in legal linguistics differently than in
linguistics. We consider it appropriate to focus our
attention on the constant change in the vocabulary of
the language, the change in conceptual meaning of
terms, which is the cause of a situation when there is
no unity in determining the essence of evaluative
vocabulary in modern Russian legislation.
The carried out study made it possible to figure
out the following characteristic features of evaluative
notions in the sphere of legislation:
1) the content of the evaluation categories is
presented considering the orientation of the
legislative act;
2) the content of evaluation categories is
determined by the law enforcer, considering
specific circumstances on the basis of legal
consciousness;
3) the uncertain nature of the evaluation
categories gives the law enforcer freedom in
determining the content of the evaluative
notion.